The Explosives in Harbour Areas Regulations (Northern Ireland) 1995

Explanatory Note

(This note is not part of the Regulations.)

These Regulations provide for the control of carriage, loading, unloading, and storage of explosives in harbours and harbour areas. The Regulations are divided into 8 parts.

Part I (Interpretation and application — regulations 1 to 3)

In addition to defining the terms used, the Regulations are applied to harbours and harbour areas in Northern Ireland, to those parts of harbour areas which are within the territorial waters adjacent to Northern Ireland, and to any part of the coast or in any tidal water.

Part II (Entry of explosives into harbour areas — regulations 4 to 8)

A person who intends to bring explosives into a harbour or harbour area, either from inland or from the sea, is required to give the harbour master advance notice of his intention. The harbour master is empowered to prohibit, require the removal of or regulate the entry of explosives into the harbour area, if in his opinion the condition of the explosives, their container or the vehicle or vessel carrying them, is such as to create a risk to health or safety. The regulations in this Part prohibit, with certain exceptions, explosives from being brought into or handled in a harbour area unless such activities are covered by an explosives licence granted by the Secretary of State.

The procedure to be followed for the application and grant of explosives licences is set out and the fee payable by the applicant is specified.

Part III (Marking and navigation of vessels — regulations 9 to 15)

Vessels carrying certain explosives are required to show a red flag during the daytime and, when moored or anchored, a red light at night. The regulations also make provision for the marking of barges and for the navigation of vessels carrying explosives within the harbour or harbour area.

Part IV (Safety and security of explosives — regulations 16 to 24)

The regulations in this Part impose duties on every person who handles explosives in a harbour or harbour area to do so safely and to take all necessary precautions to avoid fire or explosion. They impose additional duties upon employers, self-employed persons and berth operators to ensure that persons handling explosives are properly trained.

The regulations also impose requirements relating to the security of explosives, safety precautions and for the keeping of records.

Part V (Packaging and labelling — regulations 25 to 27)

The regulations in this Part require freight containers from inland containing explosives to be accompanied by a certificate certifying that they have been properly packed and require precautions to be taken so that all freight containers can be unloaded safely. Receptacles from inland containing explosives are required to be suitable for the purpose and to be labelled in accordance with relevant international transport rules or domestic legislation.

Part VI (Emergency arrangements and untoward incidents — regulations 28 to 30)

These regulations require each harbour authority which handles explosives in its harbour area to prepare an emergency plan for dealing with emergencies involving those explosives. Berth operators are also required to take safety precautions when a vessel carrying, loading or unloading explosives is at the berth. Duties are imposed on masters of vessels and berth operators to notify any untoward incident involving explosives which might create a risk of serious personal injury to persons within the harbour or harbour area.

Part VII (Storage of explosives — regulations 31 to 33)

The regulations in this Part apply to the storage of explosives in harbour areas ancillary to their being loaded onto or unloaded from a vessel. The regulations impose requirements to ensure the safe storage of explosives in freight containers and receptacles and to ensure the safe parking of vehicles containing explosives.

Part VIII (Miscellaneous and general — regulations 34 to 38)

These regulations empower harbour authorities to make byelaws relating to explosives. The procedure for making byelaws which requires the consent of the Department of the Environment is set out in Schedule 4.

The regulations provide that the harbour authority shall be the enforcing authority for certain of the regulations which relate to operations within the harbour area (namely Part III of the Regulations and regulations 4, 5,29 and 33(2) and that the Secretary of State shall be the enforcing authority for the remaining regulations.

The regulations also provide for a defence in the case of contraventions of certain of the regulations and of byelaws made under them and for exemptions to be granted by the Secretary of State.

The regulations repeal as respects Northern Ireland the provisions mentioned in paragraphs (1) and (2) of regulation 38 and the byelaws made under them.

A person who contravenes the Regulations is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978.

Relevant documents

Copies of relevant documents may be obtained as follows:

Regulation	Document Quoted	Published by	Available from
2(1)	International Maritime Dangerous Goods Code —Vols.I–V ISBN 92-801-1243-0 Vol. V ISBN 92-801-1248-l (as amended by ISBN 92-801-1278-3)	International Maritime Organisation (IMO)	IMO 4 Albert Embankment LONDON SE1 '7SR
2(1)	Transport of Dangerous Goods — Recommendations of the Committee of Experts on the Transport of Dangerous Goods. ISBN 92-1-139035-4	United Nations	HMSO
24(2)	Technical Instructions for the Safe Transport of Dangerous Goods by Air and Supplement — DOC 9284-AN-905	Council of the International Civil Aviation Organisation (ICAO)	International Aeradlio Ltd. Aeradio House Hayes Road SOUTHALL Middlesex UB2 5NG
25(2)	Regulations concerning the International Carriage of Dangerous Goods by Rail (RID) — ISBN 0-11-550913-5	Department of Transport	HMSO
25(2)	European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) — ISBN 0-11-551114-8	Department of Transport	HMSO